THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 
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ARRANGEMENT OF SECTIONS 
Last update- 9-3-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

SEXUAL OFFENCES AGAINST CHILDREN 

A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

3.  Penetrative sexual assault. 
4.  Punishment for penetrative sexual assault. 

B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

5.  Aggravated penetrative sexual assault. 
6.  Punishment for aggravated penetrative sexual assault. 

C.—SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

7.  Sexual assault. 
8.  Punishment for sexual assault. 

D.—AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

9.  Aggravated sexual assault. 
10.  Punishment for aggravated sexual assault. 

E.—SEXUAL HARASSMENT AND PUNISHMENT THEREFOR 

11.  Sexual harassment. 
12.  Punishment for sexual harassment. 

USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR 

CHAPTER III 

13.  Use of child for pornographic purposes. 
14.  Punishment for using child for pornographic purposes. 
15.  Punishment for storage of pornographic material involving child. 

CHAPTER IV 

ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE 

16.  Abetment of an offence. 
17.  Punishment for abetment. 
18.  Punishment for attempt to commit an offence. 

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CHAPTER V 

PROCEDURE FOR REPORTING OF CASES 

SECTIONS 

19.  Reporting of offences. 
20.  Obligation of media, studio and photographic facilities to report cases. 
21.  Punishment for failure to report or record a case. 
22.  Punishment for false complaint or false information. 
23.  Procedure for media. 

CHAPTER VI 

PROCEDURES FOR RECORDING STATEMENT OF THE CHILD 

24.  Recording of statement of  a child. 
25.  Recording of statement of a child by Magistrate. 
26.  Additional provisions regarding statement to be recorded. 
27.  Medical examination of a child. 

CHAPTER VII 

SPECIAL COURTS 

28.  Designation of Special Courts. 
29.  Presumption as to certain offences. 
30.  Presumption of culpable mental state. 
31.  Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court. 
32.  Special Public Prosecutors. 

CHAPTER VIII 

PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE 

33.  Procedure and powers of Special Court. 
34.  Procedure in case of commission of offence by child and determination of age by Special Court. 
35.  Period for recording of evidence of child and disposal of case. 
36.  Child not to see accused at the time of testifying. 
37.  Trials to be conducted in camera. 
38.  Assistance of an interpreter or expert while recording evidence of child. 

CHAPTER IX 

MISCELLANEOUS 

39.  Guidelines for child to take assistance of experts, etc. 
40.  Right of child to take assistance of legal practitioner. 
41.  Provisions of sections 3 to 13 not to apply in certain cases. 
42.  Alternative punishment. 
42A. Act not in derogation of any other law. 
43.  Public awareness about Act. 
44.  Monitoring of implementation of Act. 
45.  Power to make rules. 
46.  Power to remove difficulties. 

THE SCHEDULE. 

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THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 

ACT NO. 32 OF 2012  

[19th June, 2012.] 

An Act to protect children from offences of sexual assault, sexual harassment and pornography 
and  provide  for  establishment  of  Special  Courts  for  trial  of  such  offences  and  for  matters 
connected therewith or incidental thereto. 

WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special 

provisions for children; 

AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention 
on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed 
a set of standards to be followed by all State parties in securing the best interests of the child; 

AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy 
and confidentiality be protected and respected by every person by all means and through all stages of a 
judicial process involving the child; 

AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being 
of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, 
emotional, intellectual and social development of the child; 

AND  WHEREAS  the  State  parties  to  the  Convention  on  the  Rights  of  the  Child  are  required  to 

undertake all appropriate national, bilateral and multilateral measures to prevent— 

(a)the inducement or coercion of a child to engage in any unlawful sexual activity; 

(b)the exploitative use of children in prostitution or other unlawful sexual practices; 

(c)the exploitative use of children in pornographic performances and materials; 

AND  WHEREAS  sexual exploitation and sexual  abuse of  children  are  heinous  crimes  and  need to  be 

effectively addressed. 

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Protection of Children 

from Sexual Offences Act, 2012. 

(2) It extends to the whole of India, 1***. 

(3) It shall come into force on such date2 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions.—(1) In this Act, unless the context otherwise requires, — 

(a) "aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5; 

(b) "aggravated sexual assault" has the same meaning as assigned to it in section 9; 

(c) "armed forces or security forces" means armed forces of the Union or security forces or police 

forces, as specified in the Schedule; 

(d) "child" means any person below the age of eighteen years; 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2. 14th November, 2012, vide notification No. S.O. 2705 (E), dated 9th November, 2012, see Gazette of India Extraordinary, Part 

II, sec. 3(ii). 

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1[(da)  "child  pornography" means  any  visual  depiction  of  sexually  explicit  conduct involving  a 
child which include photograph, video, digital or computer generated image indistinguishable from an 
actual child and image created, adapted, or modified, but appear to depict a child;] 

 (e) "domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2 

of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005); 

(f) "penetrative sexual assault" has the same meaning as assigned to it in section 3; 

(g) “prescribed” means prescribed by rules made under this Act; 

(h)  “religious  institution”  shall  have  the  same  meaning  as  assigned  to  it  in  the  Religious 

Institutions (Prevention of Misuse) Act, 1988 (41 of 1988).  

(i) "sexual assault" has the same meaning as assigned to it in section 7; 

(j) "sexual harassment" has the same meaning as assigned to it in section 11; 

(k) "shared household" means a household where the person charged with the offence lives or has 

lived at any time in a domestic relationship with the child; 

(l) "Special Court" means a court designated as such under section 28; 

(m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32. 

(2)  The  words  and  expressions  used  herein  and  not  defined  but  defined  in  the  Indian  Penal  Code            

(45  of  1860),  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  2[the  Juvenile  Justice  (Care  and 
Protection of Children) Act, 2015 (2 of 2016)] and the Information Technology Act, 2000 (21 of 2000) 
shall have the meanings respectively assigned to them in the said Codes or the Acts. 

CHAPTER II 

SEXUAL OFFENCES AGAINST CHILDREN 

A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

3. Penetrative sexual assault.—A person is said to commit "penetrative sexual assault" if— 

(a)  he  penetrates  his  penis,  to  any  extent,  into  the  vagina,  mouth,  urethra  or  anus  of  a  child  or 

makes the child to do so with him or any other person; or 

(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, 

the urethra or anus of the child or makes the child to do so with him or any other person; or 

(c)  he  manipulates any  part  of the  body  of the  child so  as to  cause  penetration into  the  vagina, 
urethra,  anus  or  any  part  of  body  of  the  child  or  makes  the  child  to  do  so  with  him  or  any  other 
person; or 

(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so 

to such person or any other person. 
4. Punishment for penetrative sexual assault.—3[(1)] Whoever commits penetrative sexual assault 
shall be punished with imprisonment of either description  for a term which shall not be less than  4[ten 
years] but which may extend to imprisonment for life, and shall also be liable to fine. 

 5[(2)  Whoever  commits  penetrative  sexual  assault  on  a  child  below  sixteen  years  of  age  shall  be 
punished with imprisonment for a term which shall not be less than twenty years, but which may extend 
to imprisonment for life, which shall mean imprisonment for the remainder of  natural life of that person 
and shall also be liable to fine. 

(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet 

the medical expenses and rehabilitation of such victim.] 

1. Ins. by Act 25 of 2019, s. 2 (w.e.f. 16-08-2019). 
2. Subs. by s. 2, ibid., for “the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)” (w.e.f. 16-08-2019). 
3. Section 4 renumbered as section 4(1) thereof by s. 3, ibid (w.e.f. 16-08-2019). 
4. Subs. by s. 3, ibid., for “seven years” (w.e.f. 16-08-2019). 
5. Ins. by s. 3, ibid. (w.e.f. 16-08-2019). 

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B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

5.  Aggravated  penetrative  sexual  assault.—(a)  Whoever,  being  a  police  officer,  commits 

penetrative sexual assault on a child —  

(i) within the limits of the police station or premises at which he is appointed; or 

(ii) in the premises of any station house, whether or not situated in the police station, to which he 

is appointed; or 

(iii) in the course of his duties or otherwise; or 

(iv) where he is known as, or identified as, a police officer; or 

(b) whoever being a member of the armed forces or security forces commits penetrative sexual assault 

on a child— 

(i) within the limits of the area to which the person is deployed; or 

(ii) in any areas under the command of the forces or armed forces; or 

(iii) in the course of his duties or otherwise; or 

(iv) where the said person is known or identified as a member of the security or armed forces; or 

(c) whoever being a public servant commits penetrative sexual assault on a child; or 

(d)  whoever  being  on  the  management  or  on  the  staff  of  a  jail,  remand  home,  protection  home, 
observation home, or other place of custody or care and protection established by or under any law for the 
time  being  in  force,  commits  penetrative  sexual  assault  on  a  child,  being  inmate  of  such  jail,  remand 
home, protection home, observation home, or other place of custody or care and protection; or 

(e) whoever being on the management or staff of a hospital, whether Government or private, commits 

penetrative sexual assault on a child in that hospital; or 

(f)  whoever  being  on  the  management  or  staff  of  an  educational  institution  or  religious  institution, 

commits penetrative sexual assault on a child in that institution; or 

(g) whoever commits gang penetrative sexual assault on a child. 

Explanation.—When  a  child  is  subjected  to  sexual  assault  by  one  or  more  persons  of  a  group  in 
furtherance  of  their  common  intention,  each  of  such  persons  shall  be  deemed  to  have  committed  gang 
penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that 
act in the same manner as if it were done by him alone; or 

(h)  whoever  commits  penetrative  sexual  assault  on  a  child  using  deadly  weapons,  fire,  heated 

substance or corrosive substance; or 

(i)  whoever  commits  penetrative  sexual  assault  causing  grievous  hurt  or  causing  bodily  harm  and 

injury or injury to the sexual organs of the child; or 

(j) whoever commits penetrative sexual assault on a child, which— 

(i) physically incapacitates the child or causes the child to become mentally ill as defined under 
clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind 
so as to render the child unable to perform regular tasks, temporarily or permanently; 1*** 

(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault; 

(iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease 
or  Infection  which  may  either  temporarily  or  permanently  impair  the  child  by  rendering  him 
physically incapacitated, or mentally ill to perform regular tasks; 1*** 

2[(iv) causes death of the child; or] 

1. The word “or” omitted by Act 25 of 2019, s. 4 (w.e.f. 16-08-2019). 
2. Ins. by s. 4, ibid (w.e.f. 16-08-2019). 

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(k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual 

assault on the child; or 

(l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or 

(m) whoever commits penetrative sexual assault on a child below twelve years; or 

(n) whoever being a relative of the child through blood or adoption or marriage or guardianship or in 
foster care or having  a domestic relationship with a parent of the child or who is living in the same or 
shared household with the child, commits penetrative sexual assault on such child; or 

(o) whoever being, in the ownership, or management, or staff, of any institution providing services to 

the child, commits penetrative sexual assault on the child; or 

(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on 

the child in an institution or home of the child or anywhere else; or 

(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or 

(r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or 

(s) whoever commits penetrative sexual assault on a child in the course of  1[communal or sectarian 

violence or during any natural calamity or in similar situations]; or 

(t) whoever commits penetrative sexual assault on a child and who has been previously convicted of 
having committed any offence under this Act or any sexual offence punishable under any other law for 
the time being in force; or 

(u)  whoever  commits  penetrative  sexual  assault  on  a  child  and  makes  the  child  to  strip  or  parade 

naked in public, 

is said to commit aggravated penetrative sexual assault. 

2[6.  Punishment  for  aggravated  penetrative  sexual  assault.—(1)  Whoever  commits  aggravated 
penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less 
than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the 
remainder of natural life of that person and shall also be liable to fine, or with death. 

(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet 

the medical expenses and rehabilitation of such victim.] 

C. —SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

7. Sexual assault.—Whoever, with sexual intent touches the vagina, penis, anus or breast of the child 
or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any 
other act with sexual intent which involves physical contact without penetration is said to commit sexual 
assault. 

8.  Punishment  for  sexual  assault.—Whoever,  commits  sexual  assault,  shall  be  punished  with 
imprisonment  of  either  description  for  a  term  which  shall  not  be  less  than  three  years  but  which  may 
extend to five years, and shall also be liable to fine. 

D. —AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR 

9.  Aggravated  sexual  assault.—(a)  Whoever,  being  a  police  officer,  commits  sexual  assault  on  a 

child— 

(i) within the limits of the police station or premises where he is appointed; or 

(ii) in the premises of any station house whether or not situated in the police station to which he is 

appointed; or 

(iii) in the course of his duties or otherwise; or 

1. Subs. by Act 25 of 2019, s. 4, for “communal or sectarian violence” (w.e.f. 16-08-2019). 
2. Subs. by s. 5, ibid., for section 6 (w.e.f. 16-08-2019). 

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(iv) where he is known as, or identified as a police officer; or 

(b)  whoever,  being  a  member  of  the  armed  forces  or  security  forces,  commits  sexual  assault  on  a 
child— 

(i) within the limits of the area to which the person is deployed; or 

(ii) in any areas under the command of the security or armed forces; or 

(iii) in the course of his duties or otherwise; or 

(iv) where he is known or identified as a member of the security or armed forces; or 

(c) whoever being a public servant commits sexual assault on a child; or 

(d) whoever being on the management or on the staff of a jail, or remand home or protection home or 
observation home, or other place of custody or care and protection established by or under any law for the 
time  being  in  force  commits  sexual  assault  on  a  child  being  inmate  of  such  jail  or  remand  home  or 
protection home or observation home or other place of custody or care and protection; or 

(e) whoever being on the management or staff of a hospital, whether Government or private, commits 

sexual assault on a child in that hospital; or 

(f)  whoever  being  on  the  management  or  staff  of  an  educational  institution  or  religious  institution, 

commits sexual assault on a child in that institution; or 

(g) whoever commits gang sexual assault on a child. 

Explanation.—when  a  child  is  subjected  to  sexual  assault  by  one  or  more  persons  of  a  group  in 
furtherance  of  their  common  intention,  each  of  such  persons  shall  be  deemed  to  have  committed  gang 
sexual assault within the meaning of this clause and each of such person shall be liable for that act in the 
same manner as if it were done by him alone; or 

(h)  whoever  commits  sexual  assault  on  a  child  using  deadly  weapons,  fire,  heated  substance  or 

corrosive substance; or 

(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury 

to the sexual organs of the child; or 

(j) whoever commits sexual assault on a child, which— 

(i) physically incapacitates the child or causes the child to become mentally ill as defined under 
clause (l) of section 2of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind 
so as to render the child unable to perform regular tasks, temporarily or permanently; or  

(ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or 
infection which may either temporarily or permanently impair the child by rendering him physically 
incapacitated, or mentally ill to perform regular tasks; or 

(k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the 

child; or 

(l) whoever commits sexual assault on the child more than once or repeatedly; or 

(m) whoever commits sexual assault on a child below twelve years; or 

(n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in 
foster  care,  or  having  domestic  relationship  with  a  parent  of  the  child,  or  who  is  living  in  the  same  or 
shared household with the child, commits sexual assault on such child; or 

(o) whoever, being in the ownership or management or staff, of any institution providing services to 

the child, commits sexual assault on the child in such institution; or 

(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in 

an institution or home of the child or anywhere else; or 

(q) whoever commits sexual assault on a child knowing the child is pregnant; or 

(r) whoever commits sexual assault on a child and attempts to murder the child; or 

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(s) whoever commits sexual assault on a child in the course of  1[ communal or sectarian violence or 

during any natural calamity or in any similar situations]; or 

(t)  whoever  commits  sexual  assault  on  a  child  and  who  has  been  previously  convicted  of  having 
committed any offence under this Act or any sexual offence punishable under any other law for the time 
being in force; or 

(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public, 

is said to commit aggravated sexual assault. 

2[(v)  whoever  persuades,  induces,  entices  or  coerces  a  child  to  get  administered  or  administers  or 
direct anyone to administer, help in getting administered any drug or hormone or any chemical substance, 
to a child with the intent that such child attains early sexual maturity.] 

10. Punishment for aggravated sexual assault.—Whoever, commits aggravated sexual assault shall 
be punished with imprisonment of either description for a term which shall not be less than five years but 
which may extend to seven years, and shall also be liable to fine. 

E.—SEXUAL HARASSMENT AND PUNISHMENT THEREFOR 

11.  Sexual  harassment.—A  person  is  said  to  commit  sexual  harassment  upon  a  child  when  such 

person with sexual intent,— 

(i) utters any word or makes any sound, or makes any  gesture or exhibits any object or part of 
body with the intention that such word or sound shall be heard, or such gesture or object or part of 
body shall be seen by the child; or 

(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any 

other person; or 

(iii) shows any object to a child in any form or media for pornographic purposes; or 

(iv)  repeatedly  or  constantly  follows  or  watches  or  contacts  a  child  either  directly  or  through 

electronic, digital or any other means; or 

(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film 
or digital or any other mode, of any part of the body of the child or the involvement of the child in a 
sexual act; or 

(vi) entices a child for pornographic purposes or gives gratification therefor. 

Explanation.—Any question which involves “sexual intent” shall be a question of fact. 

12. Punishment for sexual harassment.—Whoever, commits sexual harassment upon a child shall 
be punished with imprisonment of either description for a term which may extend to three years and shall 
also be liable to fine. 

CHAPTER III 

USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR 

13.  Use  of  child  for  pornographic  purposes.—Whoever,  uses  a  child  in  any  form  of  media 
(including programme or advertisement telecast by television channels or internet or any other electronic 
form or printed form, whether or not such programme or advertisement is intended for personal use or for 
distribution), for the purposes of sexual gratification, which includes— 

(a) representation of the sexual organs of a child; 

(b) usage of a child engaged in real or simulated sexual acts (with or without penetration); 

(c) the indecent or obscene representation of a child,  

shall be guilty of the offence of using a child for pornographic purposes. 

1. Subs. by Act 25 of 2019, s. 6, for “communal or sectarian violence” (w.e.f.  16-08-2019). 
2. Ins. by s. 6, ibid. (w.e.f. 16-08-2019). 

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Explanation.—For the purposes of this section, the expression ‘‘use a child’’ shall include involving a 
child  through  any  medium  like  print,  electronic,  computer  or  any  other  technology  for  preparation, 
production, offering, transmitting, publishing, facilitation and distribution of the pornographic material. 

1[14.  Punishment  for  using  child  for  pornographic  purposes.—(1)  Whoever  uses  a  child  or 
children  for  pornographic purposes  shall  be  punished  with  imprisonment  for  a  term  which  shall  not  be 
less than five years and shall also be liable to fine and in the event of second or subsequent conviction 
with imprisonment for a term which shall not be less than seven years and also be liable to fine. 

(2) Whoever using a child or children for pornographic purposes under sub-section (1), commits an 
offence  referred  to  in  section  3  or  section  5  or  section  7  or  section  9  by  directly  participating  in  such 
pornographic acts, shall be punished for the said offences also under section 4, section 6, section 8 and 
section 10, respectively, in addition to the punishment provided in sub-section (1).] 

2[15.  Punishment  for  storage  of  pornographic  material  involving  child.—(1)  Any  person,  who 
stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or 
report the same to the designated authority, as may be prescribed, with an intention to share or transmit 
child pornography, shall be liable to fine not less than five thousand rupees and in the event of second or 
subsequent offence, with fine which shall not be less than ten thousand rupees. 

(2)  Any  person,  who  stores  or  possesses  pornographic  material  in  any  form  involving  a  child  for 
transmitting or propagating or displaying or distributing in any manner at any time except for the purpose 
of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment 
of either description which may extend to three years, or with fine, or with both. 

(3)  Any  person,  who  stores  or  possesses  pornographic  material  in  any  form  involving  a  child  for 
commercial  purpose  shall  be  punished  on  the  first  conviction  with  imprisonment  of  either  description 
which shall not be less than three years which may extend to five years, or with fine, or with both and in 
the event of second or subsequent conviction, with imprisonment of either description which shall not be 
less than five years which may extend to seven years and shall also be liable to fine.] 

CHAPTER IV 

ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE 

16. Abetment of an offence.—A person abets an offence, who— 

First.—Instigates any person to do that offence; or 

Secondly.— Engages with one or more other person or persons in any conspiracy for the doing of 
that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to 
the doing of that offence; or 

Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that offence. 

Explanation I.—A person who, by wilful misrepresentation, or by wilful concealment of a material 
fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing 
to be done, is said to instigate the doing of that offence. 

Explanation II.—Whoever,  either prior  to  or  at the  time  of  commission  of an act, does  anything  in 
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid 
the doing of that act. 

Explanation III.—Whoever employ, harbours, receives or transports a child, by means of threat or use 
of  force  or  other  forms  of  coercion,  abduction,  fraud,  deception,  abuse  of  power  or  of  a  position, 
vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having 
control over another person, for the purpose of any offence under this Act, is said to aid the doing of that 
act. 

1. Subs. by Act 25 of 2019, s. 7, for section 14 (w.e.f. 16-08-2019). 
2. Subs. by s. 8, ibid., for section 15 (w.e.f. 16-08-2019). 

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17.  Punishment  for  abetment.—Whoever  abets  any  offence  under  this  Act,  if  the  act  abetted  is 

committed in consequence of the abetment, shall be punished with punishment provided for that offence. 

Explanation.—  An  act  or  offence  is  said  to  be  committed  in  consequence  of  abetment,  when  it  is 
committed  in  consequence  of  the  instigation,  or  in  pursuance  of  the  conspiracy  or  with  the  aid,  which 
constitutes the abetment. 

18.  Punishment  for  attempt  to  commit  an  offence.—Whoever  attempts  to  commit  any  offence 
punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act 
towards the commission of the offence, shall be punished with imprisonment of any description provided 
for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may 
be, one-half of the longest term of imprisonment provided for that offence or with fineor with both. 

CHAPTER V 

PROCEDURE FOR REPORTING OF CASES 

19.  Reporting  of  offences.—(1)  Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure, 1973 (2 of1974)any person(including the child), who has apprehension that an offence under 
this Act is likely to be committed or has knowledge that such an offence has been committed, he shall 
provide such information to,— 

(a) the Special Juvenile Police Unit; or 

(b) the local police. 

(2) Every report given under sub-section (1) shall be— 

(a) ascribed an entry number and recorded in writing; 

(b) be read over to the informant; 

(c) shall be entered in a book to be kept by the Police Unit. 

(3)  Where  the  report  under  sub-section  (1)  is  given  by  a  child,  the  same  shall  be  recorded  under          

sub-section (2) in a simple language so that the child understands contents being recorded. 

(4) In case contents are being recorded in the language not understood by the child or wherever it is 
deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of 
such fees as may be prescribed, shall be provided to the child if he fails to understand the same. 

(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an 
offence has been committed is in need of care and protection, then, it shall, after recording the reasons in 
writing, make immediate arrangement to give him such care and protection including admitting the child 
into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed. 

(6)  The  Special  Juvenile  Police  Unit  or  local  police  shall,  without  unnecessary  delay  but  within  a 
period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or 
where no Special Court has been designated, to the Court of Session, including need of the child for care 
and protection and steps taken in this regard. 

(7) No person shall incur any liability, whether civil or criminal, for giving the information in good 

faith for the purpose of sub-section (1). 

20. Obligation of media, studio and photographic facilities to report cases.—Any personnel of the 
media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, 
irrespective of the number of persons employed therein, shall, on coming across any  material or object 
which is sexually exploitative of the child  (including pornographic, sexually-related or making obscene 
representation of a child or children) through the use of any medium, shall provide such information to 
the Special Juvenile Police Unit, or to the local police, as the case may be. 

21.  Punishment  for  failure  to  report  or  record  a  case.—(1)  Any  person,  who  fails  to  report  the 
commission of an offence under sub-section (1) of section 19 or section 20 or who fails to record such 

10 

 
 
offence  under  sub-section  (2)  of  section  19  shall  be  punished  with  imprisonment  of  either  description 
which may extend to six months or with fine or with both. 

(2) Any person, being in-charge of any company or an institution (by whatever name called) who fails 
to  report  the  commission  of  an  offence  under  sub-section  (1)  of  section  19  in  respect  of  a  subordinate 
under his control, shall be punished with imprisonment for a term which may extend to one year and with 
fine. 

(3) The provisions of sub-section (1) shall not apply to a child under this Act. 

22.  Punishment  for  false  complaint  or  false  information.—(1)  Any  person,  who  makes  false 
complaint  or  provides  false  information  against  any  person,  in  respect  of  an  offence  committed  under 
sections  3,  5,  7  and  section  9,  solely  with  the  intention  to  humiliate,  extort  or  threaten  or  defame  him, 
shall be punished with imprisonment for a term which may extend to six months or with fine or with both. 

(2)  Where  a  false  complaint  has  been  made  or  false  information  has  been  provided  by  a  child,  no 

punishment shall be imposed on such child. 

(3) Whoever, not being a child, makes a false complaint or provides false information against a child, 
knowing  it  to  be  false,  thereby  victimizing  such  child  in  any  of  the  offences  under  this  Act,  shall  be 
punished with imprisonment, which may extend to one year or with fine or with both. 

23. Procedure for media.—(1) No person shall make any report or present comments on any child 
from  any  form  of  media  or  studio  or  photographic  facilities  without  having  complete  and  authentic 
information, which may have the effect of lowering his reputation or infringing upon his privacy. 

(2)  No  reports  in  any  media  shall  disclose,  the  identity  of  a  child  including  his  name,  address, 
photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure 
of identity of the child: 

Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under 

the Act, may permit such disclosure, if in its opinion such disclosure is in the interest of the child. 

(3)  The  publisher  or  owner  of  the  media  or  studio  or  photographic  facilities  shall  be  jointly  and 

severally liable for the acts and omissions of his employee. 

(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable to 
be punished with imprisonment of either description for a period which shall not be less than six months 
but which may extend to one year or with fine or with both. 

CHAPTER VI 

PROCEDURES FOR RECORDING STATEMENT OF THE CHILD 

24.  Recording  of  statement  of  a  child.—(1)  The  statement  of  the  child  shall  be  recorded  at  the 
residence  of the  child  or at  a place  where  he  usually  resides  or  at the  place  of his choice and as far  as 
practicable by a woman police officer not below the rank of sub-inspector. 

(2) The police officer while recording the statement of the child shall not be in uniform. 

(3)  The  police  officer  making  the  investigation,  shall,  while  examining  the  child,  ensure  that  at  no 

point of time the child come in the contact in any way with the accused. 

(4) No child shall be detained in the police station in the night for any reason. 

(5) The police officer shall ensure that the identity of the child is protected from the public media, 

unless otherwise directed by the Special Court in the interest of the child. 

25.  Recording  of  statement  of  a  child  by  Magistrate.—(1)  If  the  statement  of  the  child  is  being 
recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974)(herein referred to as the 
Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record 
the statement as spoken by the child:  

Provided  that  the  provisions  contained  in  the  first  proviso  to  sub-section  (1)  of  section  164  of  the 

Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.  

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(2)  The  Magistrate  shall  provide  to  the  child  and  his  parents  or  his  representative,  a  copy  of  the 
document specified under section 207 of the Code, upon the final report being filed by the police under 
section 173 of that Code. 

26. Additional provisions regarding statement to be recorded.—(1) The Magistrate or the police 
officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents 
of the child or any other person in whom the child has trust or confidence. 

(2)  Wherever  necessary,  the  Magistrate  or  the  police  officer,  as  the  case  may  be,  may  take  the 
assistance of a translator or an interpreter, having such qualifications, experience and on payment of such 
fees as may be prescribed, while recording the statement of the child. 

(3)  The  Magistrate  or  the  police  officer,  as  the  case  may  be,  may,  in  the  case  of  a  child  having  a 
mental  or  physical  disability,  seek  the  assistance  of  a  special  educator  or  any  person  familiar  with  the 
manner of communication of the child or an expert in that field, having such qualifications, experience 
and on payment of such fees as may be prescribed, to record the statement of the child. 

(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the 

statement of the child is also recorded by audio-video electronic means. 

27. Medical examination of a child.—(1) The medical examination of a child in respect of whom 
any offence has been committed under this Act, shall, notwithstanding that a First Information Report or 
complaint  has  not  been  registered  for  the  offences  under  this  Act,  be  conducted  in  accordance  with 
section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).  

(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. 

(3) The medical examination shall be conducted in the presence of the parent of the child or any other 

person in whom the child reposes trust or confidence. 

(4)  Where,  in  case  the  parent  of  the  child  or  other  person  referred  to  in  sub-section  (3)  cannot  be 
present,  for  any  reason,  during  the  medical  examination  of  the  child,  the  medical  examination  shall  be 
conducted in the presence of a woman nominated by the head of the medical institution. 

CHAPTER VII 

SPECIAL COURTS 

28.  Designation  of  Special  Courts.—(1)  For  the  purposes  of  providing  a  speedy  trial,  the  State 
Government shall in consultation with the Chief Justice of the High Court, by notification in the Official 
Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the 
Act: 

Provided  that  if  a  Court  of  Session  is  notified  as  a  children’s  court  under  the  Commissions  for 
Protection of Child Rights Act, 2005 (4 of 2006)or a Special Court designated for similar purposes under 
any other law for the time being in force, then, such court shall be deemed to be a Special Court under 
this section.  

(2) While trying an offence under this Act, a Special Court shall also try an offence  [other than the 
offence  referred  to  in  sub-section  (1)],  with  which  the  accused  may,  under  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974) be charged at the same trial. 

(3)  The  Special  Court  constituted  under  this  Act,  notwithstanding  anything  in  the  Information 
Technology Act, 2000 (21 of 2000)shall have jurisdiction to try offences under section 67B of that Act in 
so far as it relates to publication or transmission of sexually explicit material depicting children in any act, 
or conduct or manner or facilitates abuse of children online.  

29. Presumption as to certain offences.—Where a person is prosecuted for committing or abetting 
or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court 
shall presume, that such person has committed or abetted or attempted to commit the offence, as the case 
may be unless the contrary is proved. 

30. Presumption of culpable mental state.—(1) In any prosecution for any offence under this Act 
which  requires  a  culpable  mental  state  on  the  part  of  the  accused,  the  Special  Court  shall  presume  the 

12 

 
 
existence of such mental state but it shall be a defence for the accused to prove the fact that he had no 
such mental state with respect to the act charged as an offence in that prosecution. 

(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it 
to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of 
probability. 

Explanation.—In this section, "culpable mental state" includes intention, motive, knowledge of a fact 

and the belief in, or reason to believe, a fact. 

31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court.—

Save  as  otherwise  provided  in  this  Act,  the  provisions  of  the  Code  of  Criminal  Procedure,  1973                 
(2 of 1974)(including the provisions as to bail and bonds)shall apply to the proceedings before a Special 
Court  and  for  the  purposes  of  the  said  provisions,  the  Special  Court  shall  be  deemed  to  be  a  court  of 
Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public 
Prosecutor.  

32.  Special  Public  Prosecutors.—(1)  The  State  Government  shall,  by  notification  in  the  Official 
Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the 
provisions of this Act. 

(2)  A  person  shall  be  eligible  to  be  appointed  as  a  Special  Public  Prosecutor  under  sub-section  (1) 

only if he had been in practice for not less than seven years as an advocate. 

(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a 
Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 
(2 of 1974)and provision of that Code shall have effect accordingly. 

CHAPTER VIII 

PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE 

33.  Procedure  and  powers  of  Special  Court.—(1)  A  Special  Court  may  take  cognizance  of  any 
offence,  without the  accused  being  committed to it for trial,  upon receiving  a  complaint  of  facts  which 
constitute such offence, or upon a police report of such facts. 

(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, 
while recording the examination-in-chief, cross-examination or re-examination of the child, communicate 
the  questions  to  be  put  to  the  child  to  the  Special  Court  which  shall  in  turn  put  those  questions  to  the 
child. 

(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the 

trial. 

(4)  The  Special  Court  shall  create  a  child-friendly  atmosphere  by  allowing  a  family  member,  a 

guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court. 

(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court. 

(6) The Special Court shall not permit aggressive questioning or character assassination of the child 

and ensure that dignity of the child is maintained at all times during the trial. 

(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the 

course of investigation or trial:  

Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if 

in its opinion such disclosure is in the interest of the child. 

Explanation.—For the purposes of this sub-section, the identity of the child shall include the identity 
of the child's family, school, relatives, neighbourhood or any other information by which the identity of 
the child may be revealed. 

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(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such 
compensation as may be prescribed to the child for any physical or mental trauma caused to him or for 
immediate rehabilitation of such child. 

(9)  Subject  to  the  provisions  of  this  Act,  a  Special  Court  shall,  for  the  purpose  of  the  trial  of  any 
offence under this Act, have all the powers of a Court of Session and shall try such offence as if it were a 
Court  of  Session,  and  as  far  as  may  be,  in  accordance  with  the  procedure  specified  in  the  Code  of 
Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session. 

34.  Procedure  in  case  of  commission  of  offence  by  child  and  determination  of  age  by  Special 
Court.—(1)  Where  any  offence  under  this  Act  is  committed  by  a  child,  such  child  shall  be  dealt  with 
under the provisions of 1[the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)]. 

(2) If any question arises in any proceeding before the Special Court whether a person is a child or 
not, such question shall be determined by the Special Court after satisfying itself about the age of such 
person and it shall record in writing its reasons for such determination. 

(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent proof 

that the age of a personas determined by it under sub-section (2) was not the correct age of that person. 

35. Period for recording of evidence of child and disposal of case.—(1) The evidence of the child 
shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and 
reasons for delay, if any, shall be recorded by the Special Court. 

(2) The Special Court shall complete the trial, as far as possible, within a period of one year from the 

date of taking cognizance of the offence. 

36. Child not to see accused at the time of testifying.—(1) The Special Court shall ensure that the 
child is not exposed in anyway to the accused at the time of recording of the evidence, while at the same 
time ensuring that the accused is in a position to hear the statement of the child and communicate with his 
advocate. 

(2) For the purposes of sub-section (1), the Special Court may record the statement of a child through 

video conferencing or by utilising single visibility mirrors or curtains or any other device. 

37.  Trials  to  be  conducted  in  camera.—The  Special  Court  shall  try  cases  in  camera  and  in  the 

presence of the parents of the child or any other person in whom the child has trust or confidence: 

Provided that where the Special Court is of the opinion that the child needs to be examined at a place 
other than the court, it shall proceed to issue a commission in accordance with the provisions of section 
284 of the Code of Criminal Procedure, 1973 (2 of 1974).  

38.  Assistance  of  an  interpreter  or  expert  while  recording  evidence  of  child.—(1)  wherever 
necessary,  the  Court  may  take  the  assistance  of  a  translator  or  interpreter  having  such  qualifications, 
experience and on payment of such fees as may be prescribed, while recording the evidence of the child. 

(2) If a child has a mental or physical disability, the Special Court may take the assistance of a special 
educator or any person familiar with the manner of communication of the child or an expert in that field, 
having such qualifications, experience and on payment of such fees as may be prescribed to record the 
evidence of the child. 

CHAPTER IX 

MISCELLANEOUS 

39. Guidelines for child to take assistance of experts, etc.—Subject to such rules as may be made 
in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, 
professionals  and  experts  or  persons  having  knowledge  of  psychology,  social  work,  physical  health, 
mental health and child development to be associated with the pre-trial and trial stage to assist the child. 

1. Subs. by Act 25 of 2019, s. 9, for “the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)” (w.e.f. 16-
08-2019). 

14 

 
 
                                                           
40. Right of child to take assistance of legal practitioner.—Subject to the proviso to section 301 of 
the Code of Criminal Procedure, 1973 (2 of 1974)the family or the guardian of the child shall be entitled 
to the assistance of a legal counsel of their choice for any offence under this Act: 

Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal 

Services Authority shall provide a lawyer to them. 

41.Provisions of sections 3 to 13 not to apply in certain cases.—The provisions of sections 3 to 13 
(both inclusive) shall not apply in case of medical examination or medical treatment of a child when such 
medical examination or medical treatment is undertaken with the consent of his parents or guardian. 

1[42. Alternate punishment.—Where an act or omission constitutes an offence punishable under this 
Act  and  also  under  sections  166A,  354A,  354B,  354C,  354D,  370,  370A,  375,  376,  2[376A,  376AB, 
376B, 376C, 376D, 376DA, 376DB], 3[376E, section 509 of the Indian Penal Code or section 67B of the 
Information Technology Act, 2000 (21 of 2000)], then, notwithstanding anything contained in any law for 
the time being in force, the offender found guilty of such offence shall be liable to punishment only under 
this Act or under the Indian Penal Code as provides for punishment which is greater in degree. 

Arunachal Pradesh 

STATE AMENDMENT 

Amendment  of  section  42.—In  section  42  of  the  Protection  of  Children  Act,  2012  for  the  words 
figures  and letters sections  166A,  354A,  354B,  354C,  354D, 370, 370A,  375,  376,  376A,  376C,  376D, 
376E or section 509 of the Indian Penal Code the words figures and letters sections 166A 354A, 354B, 
354C, 354D, 370, 370A, 375, 376, 376A, 376AA, 376C, 376D, 376DA, 376E or section 509 of the Indian 
Penal Code shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 26] 

42A. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and 
not  in  derogation  of  the  provisions  of  any  other  law  for  the  time  being  in  force  and,  in  case  of  any 
inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to 
the extent of the inconsistency.] 

43. Public awareness about Act.—The Central Government and every State Government, shall take 

all measures to ensure that— 

(a)  the  provisions  of  this  Act  are  given  wide  publicity  through  media  including  the  television, 
radio  and  the  print  media  at  regular  intervals  to  make  the  general  public,  children  as  well  as  their 
parents and guardians aware of the provisions of this Act; 

(b)  the  officers  of  the  Central  Government  and  the  State  Governments  and  other  concerned 
persons  (including  the  police  officers)  are  imparted  periodic  training  on  the  matters  relating  to  the 
implementation of the provisions of the Act. 

44. Monitoring of implementation of Act.—(1) The National Commission for Protection of Child 
Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child 
Rights  constituted  under  section  17,  of  the  Commissions  for  Protection  of  Child  Rights  Act,  2005                
(4  of  2006)  shall,  in  addition  to  the  functions  assigned  to  them  under  that  Act,  also  monitor  the 
implementation of the provisions of this Act in such manner as may be prescribed. 

(2) The National Commission or, as the case may be, the State Commission, referred to in sub-section 
(1), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as 
are vested in it under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). 

(3) The National Commission or, as the case may be, the State Commission, referred to in sub-section 
(1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the 
Commissions for Protection of Child Rights Act, 2005 (4 of 2006).  

1. Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3-2-2013). 
 2. Subs. by Act 22 of 2018, s. 25, for “376A, 376C, 376D” (w.e.f. 21-4-2018). 
 3. Subs. by Act 25 of 2019, s. 10, for “376E or section 509 of the Indian Penal Code (45 of 1860)” (w.e.f. 16-08-2019). 

15 

 
 
                                                           
45. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for all or any of the following matters, namely:— 

1[(a) the manner of deleting or destroying or reporting about pornographic material in any form 

involving a child to the designated authority under sub-section (1) of section 15; 

(aa)  the  manner  of  reporting  about  pornographic  material  in  any  form  involving  a  child  under 

sub-section (2) of section 15;] 

 2[(ab)] the qualifications and experience of, and the fees payable to, a translator or an interpreter, 
a special educator or any person familiar with the manner of communication of the child or an expert 
in that field, under sub-section (4) of section 19; sub-sections(2) and (3) of section 26 and section 38; 

(b)  care  and  protection  and  emergency  medical  treatment  of  the  child  under  sub-section  (5)  of 

section 19; 

(c) the payment of compensation under sub-section (8) of section 33; 

(d)  the  manner  of  periodic  monitoring  of  the  provisions  of  the  Act  under  sub-section  (1)  of 

section44. 

(3) Every rule made under this section shall be laid, as soon as may be after it is  made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

46. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  or  expedient  for 
removal of the difficulty: 

Provided that  no  order shall  be  made  under this  section  after the expiry  of  the period  of two  years 

from the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

 1. Ins. by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019). 
2. Clause (a) re-lettered as clause (ab) thereof by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019). 

16 

 
 
 
 
                                                           
THE SCHEDULE 

[See section 2(c)] 

ARMED FORCES AND SECURITY FORCES CONSTITUTED UNDER 

(a) The Air Force Act, 1950 (45 of 1950); 

(b) The Army Act, 1950 (46 of 1950); 

(c) The Assam Rifles Act, 2006 (47 of 2006); 

(d) The Bombay Home Guard Act, 1947 (3 of 1947); 

(e) The Border Security Force Act, 1968 (47 of 1968); 

(f) The Central Industrial Security Force Act, 1968 (50 of 1968); 

(g) The Central Reserve Police Force Act, 1949 (66 of 1949); 

(h) The Coast Guard Act, 1978 (30 of 1978); 

(i) The Delhi Special Police Establishment Act, 1946 (25 of 1946); 

(j) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992); 

(k) The Navy Act, 1957 (62 of 1957); 

(l) The National Investigation Agency Act, 2008 (34 of 2008); 

(m) The National Security Guard Act, 1986 (47 of 1986); 

(n) The Railway Protection Force Act, 1957 (23 of 1957); 

(o) The Sashastra Seema Bal Act, 2007 (53 of 2007); 

(p) The Special Protection Group Act, 1988 (34 of 1988); 

(q) The Territorial Army Act, 1948 (56 of 1948); 

(r) The State police forces (including armed constabulary) constituted under the State laws to aid the 
civil  powers  of  the  State  and  empowered  to  employ  force  during  internal  disturbances  or  otherwise 
including armed forces as defined in clause (a) of section 2 of the Armed Forces (Special Powers) Act, 
1958 (28 of 1958). 

____________ 

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